Michigan Supreme Court’s Interpretation of the CDC’s Eviction Moratorium

Sam Stragand • Oct 27, 2020

In our prior blog on September 3, 2020, we discussed the Centers for Disease Control’s (CDC) recent Moratorium Order. That blog contains a helpful link to preparing the CDC declaration letter.

The Michigan Supreme Court has now issued an administrative order (No. 2020-17) guiding Michigan courts in how to handle eviction cases where a CDC declaration letter has been served on the landlord, mortgage company or other housing provider. The order requires each housing provider to verify in the eviction complaint whether a CDC declaration letter has been received. The CDC declaration letter will not stop an eviction case from progressing through court and a judgment of possession may be obtained. The CDC declaration letter, however, will prevent a physical eviction from the housing unit until after December 31, 2020.

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